1887

n Malawi Law Journal - The relevance of the WTO dispute settlement procedures and jurisprudence in Malawi

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Abstract

The past two decades have witnessed a proliferation of international and regional courts dealing with wide-ranging fields of law. Regrettably, except in the human rights law field, little attention has been paid to international dispute settlement in the study of law and the legal discourse in Malawi. Using the World Trade Organisation (WTO) dispute settlement as an example, this article demonstrates that international dispute settlement mechanisms and jurisprudence are relevant to Malawi in several ways. As Malawi is a member of the WTO, knowledge of WTO law is critical to ensuring that the country participates effectively in the system. Secondly, international law plays an important role as an aid to constitutional interpretation and as a source of law in Malawi. Thirdly, most of the WTO rules and dispute settlement procedures have been imported into the SADC Protocol on Trade to which Malawi is a party. Some practical suggestions are made as to how the jurisprudence in international adjudication can be used and incorporated in Malawian legal discourse.

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/content/mlawj/1/2/EJC76188
2007-11-01
2016-12-04
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